Tag Archives: FDCPA

Obviously, it is annoying to receive unwanted telephone calls from anyone, especially telemarketers and debt collectors. When calls are about a debt you don’t even owe, or to your cell phone, or placed by an autodialer, they are downright infuriating. There are a number of overlapping state and federal consumer protection statutes – 93A, FDCPA and TCPA – that can be used to stop harassment and penalize violators.

Massachusetts law

93A prohibits unfair and deceptive conduct directed at Massachusetts consumers. The Massachusetts Debt Collection Law, c. 93 § 49, prohibits the collection or attempted collection of a debt in “an unfair, deceptive or unreasonable manner.” Any violation of 93 § 49 is considered an “unfair or deceptive act or practice” under 93A. 93 § 49 specifies four particular practices deemed to be unfair, deceptive or unreasonable, of which harassment is one.

Federal law

FDCPA prohibits further contact upon written request. FDCPA requires validation of a questioned debt. TCPA prohibits calls initiated by an auto dialer to a cellular telephone. If the consumer did not provide their cell phone number to the original creditor or the debt collector, the debt collector violates the Telephone Consumer Protection Act (“TCPA”) every time it calls the consumer’s cell phone by using an auto-dialer or predictive dialing machine. TCPA violations occur when the caller causes a phone to ring.

These days, most people do not have landlines, and use only a cell phone as their primary phone number. When a debt collector is hounding you on your cell phone, the question of course becomes, “Can A Debt Collector Call My Cell Phone?” Basically, the answer is no, unless you gave the original creditor your cell phone number.

How to make calls stop?

Should You Hire an Attorney?

Yes. If you do not have a lawyer, hold your horses. Before firing off a letter to the debt collector yourself, Continue reading →

Disclaimer

The material and information contained on this blog is for educational and entertainment purposes only. No representation is made about the accuracy of the information. By using this blog site you understand that this information is not provided in the course of an attorney-client relationship and is not intended to constitute legal advice. Transmission or receipt of information contained in this web site does not create an attorney-client relationship. Furthermore, transmission or receipt of any correspondence will not create an attorney-client relationship between you and any author of this blog. No assurance is given that any correspondence, via e-mail or otherwise, between you and any author will be secure or treated as confidential or privileged. Please do not send any author any confidential or privileged information. This blog site should not be used as a substitute for competent legal advice from a licensed attorney. Should the reader of this blog need legal advice or require an answer to a specific question, such advice should be sought from a licensed attorney. This blog is not intended to serve as an advertisement or solicitation of legal or other business of anyone in any state or other jurisdiction where this web site, or the use thereof, may not be in compliance with any law or ethical rule. This blog site may be considered “advertising” under Massachusetts Supreme Judicial Court Rule 3:07. The material contained on this blog represents the personal views of the individual authors or commentators and do not necessarily represent the views of any organization that any authors is affiliated with or with the views of any other author whom might post on this blog.